http://www.cscanada.net/index.php/flr/issue/feedFrontiers of Legal Research2015-01-09T10:34:57+00:00Yanni DINGflr@cscanada.netOpen Journal Systems<p>The authors agree that:</p><p>1. Authors of reports of original research should present an accurate account of the work performed as well as an objective discussion of its significance.</p><p>2. The authors should ensure that they have written entirely original works, and if the authors have used the work and/or words of others that this has been appropriately cited or quoted.</p><p>3. An author should not in general publish manuscripts describing essentially the same research in more than one journal or primary publication. Submitting the same manuscript to more than one journal concurrently constitutes unethical publishing behavior and is unacceptable.</p><p>4. Authorship should be limited to those who have made a significant contribution to the conception, design, execution, or interpretation of the reported study. All those who have made significant contributions should be listed as co-authors. Where there are others who have participated in certain substantive aspects of the research project, they should be acknowledged or listed as contributors.</p><p>5. When an author discovers a significant error or inaccuracy in his/her own published work, it is the author’s obligation to promptly notify the journal editor or publisher and cooperate with the editor to retract or correct the paper. If the editor or the publisher learns from a third party that a published work contains a significant error, it is the obligation of the author to promptly retract or correct the paper or provide evidence to the editor of the correctness of the original paper.</p><p>6. The author assigns, conveys, and otherwise transfers all rights, title, interest, and copyright ownership in this “Work” to our journal when the “Work” is accepted for publication. “Work” means the material submitted for publication plus any other related material submitted.</p><p>7. The assignment of rights to our journal includes but is not expressly limited to rights to edit, publish, reproduce, distribute copies, prepare derivative works, include in indexes or search databases in print, electronic, or other media, whether or not in use at the time of execution of this agreement, and claim copyright in said work throughout the world for the full duration of the copyright and any renewals or extensions thereof.</p><p>8. If the authors cannot obey the previous terms and cause legal problems, the authors will take the full responsibilities.</p><p><a title="Authors" href="/index.php/flr/author" target="_blank">Authors</a> <a title="Reviewers" href="/index.php/flr/reviewer" target="_blank">Reviewers</a> <a title="Editors" href="/index.php/flr/sectionEditor" target="_blank">Editors</a><strong> <a title="New Submission" href="/index.php/flr/author/submit/1" target="_blank"> <em>New Submission</em></a></strong></p>http://www.cscanada.net/index.php/flr/article/view/6113The Debate Around Patents and Access to Environmentally Sound Technologies: A New Opportunity to Break Impasse and Isolation in Climate Mitigation and Adaption2015-01-09T10:34:57+00:00Qiong DUflr@cscanada.org<p>Challenges to the patent role in access to environmentally sound technologies (hereinafter referred as ESTs) are highlighted in the context of climate change. The international efforts on the diffusion of ESTs are intensified through two possible pathways, one of which lays a legal ground for the necessity and urgency of access to ESTs and the other guarantees the innovation and dissemination of ESTs. However, the potential conflicts between the two pathways jeopardize the existing progresses made in climate mitigation and adaptation. Through comparative analysis of the strategies relatively taken by developed and developing countries, it is found in this article that the international patent system exerts actual influence over the potential access to ESTs. The distinct segmentation and isolation of positions of divergent stakeholders lead to constant controversy with no satisfactory result in climate negotiations. Finally a new proposal is put forward so as to break the deadlock.</p>2014-09-26T00:00:00+00:00http://www.cscanada.net/index.php/flr/article/view/6132On Ecological Damage Compensation Responsibilities in China2015-01-09T10:34:57+00:00Xiaobing DUANflr@cscanada.org<p>Ecological damage compensation responsibilities are a civil responsibility mixed with public law factor to deal with. Ecological damage emerging in the environmental crisis age. To perfect Chinese law of ecological damage compensation responsibilities, we should give priority to ecological benefit protection, adopt non-fault imputability, and identify the responsibility with the elements of conduct harmful to the environment, the fact of ecological damage as well as the causation between the conduct and the fact of ecological damage. China should be perfect environmental citizen suit law, set up relevant systems such as environmental reliability insurance system, environmental protection fund system and ecological damage evaluation system, so as to offer statutory guarantee for the construction of ecological civilization society.</p>2015-01-09T10:14:19+00:00http://www.cscanada.net/index.php/flr/article/view/6184A Study on the Right to Use Rural Homestead: Taking Changchun City and the Surrounding Area as the Example2015-01-09T10:34:57+00:00Chang LIflr@cscanada.orgZhihong TUflr@cscanada.orgChaojin CAIflr@cscanada.orgMingwei DOUflr@cscanada.orgXiangyi WEIflr@cscanada.org<p style="margin: 0cm 0cm 0pt;">Based on the analysis and comparison of the data collected from a field survey on the status quo of the right to use rural homestead in Changchun City and the surrounding area, this paper not only reflects on the history and theory of the right to use rural homestead in China, but also proposes solutions and suggestions in accordance with the reality towards the development of rural areas in China.</p>2015-01-09T10:18:17+00:00http://www.cscanada.net/index.php/flr/article/view/6133A Comparison of Occupational Skill Appraisal Mechanism Between Mainland and Taiwan in China2015-01-09T10:34:57+00:00Mijia LUOflr@cscanada.orgChangfa XIEflr@cscanada.org<p>Occupational skill appraisal is a kind of assessment based on occupational skills. A perfect mechanism of Occupational Skill Appraisal can bring its superiority into full play in social economy. The study is aiming at a comparison of three mechanisms between mainland and Taiwan in China. They are respectively the mechanism of power dustribution among governments, the mechanism of application and that of selection among contractors. Besides, The reflection of current situations on occupational skill appraisal in Chinese mainland appeal for further improvement in the distribution of authority among central and local goverments, regulation of employment admittance as well as the cooperation between goverment and society.</p>2014-09-26T00:00:00+00:00http://www.cscanada.net/index.php/flr/article/view/6186Construction of a Diversified Dispute Settlement Mechanism - A Case Study of Court Mediation2015-01-09T10:34:57+00:00Xin GUANflr@cscanada.orgHan WANGflr@cscanada.org<p>Currently the Chinese society is in transition with various social conflicts and disputes highlighted. A diversified dispute settlement mechanism should be explored. Based on the objective evaluation and rational analysis of our country’s court mediation mechanism, this article advocates to promote the institutionalization of mediation, play the positive function of court mediation, and promote the function transformation and mechanism construction of court mediation under the legal rules and legal order.</p>2014-09-26T00:00:00+00:00http://www.cscanada.net/index.php/flr/article/view/6172The Rheology and Domestic Choice of the Concept of Negotiable Securities2015-01-09T10:34:57+00:00Linlin LIUflr@cscanada.orgYanying FEIflr@cscanada.org<p>The concept of negotiable securities is an important part of the basic theory of negotiable securities, and also the logical starting point of securities study. Negotiable securities have experienced many times of baptism from the concept doctrines whose purpose is to realize the legal and economic functions since it has been created in 19th century as an unique legal name of the continental legal system. However, the theories of commercial law of China do not do well in the study of the concept of negotiable securities, not to mention the basic study of unfixed security theory, so it isn’t conductive to developing the effectiveness of securities. By means of study on the rheology of negotiable securities concept, this paper analyzes the advantages and disadvantages of different concept doctrines and points out train of thought of the concept study of negotiable securities and its essential interpretation for theories of commercial law of China, which helps lay the foundation for theoretical study on negotiable <br />securities.</p>2014-09-26T00:00:00+00:00http://www.cscanada.net/index.php/flr/article/view/6173Explanations on the Typification and Right Attribute of Commercial Securities2015-01-09T10:34:57+00:00Linlin LIUflr@cscanada.orgYanying FEIflr@cscanada.org<p>Different from bills, the nature of securities rights of bill of lading and warehouse receipts has always perplexed the academia. The reason is the lack of basic researches on the negotiable securities theories, which make scholars confined to specific legal departments and cannot see the complete picture. This paper analyzes bills of lading and warehouse receipts on the base of the theories of negotiable securities and bills, and clarifies their attribute of commercial securities. While affirming the attribute of debt securities, this paper advocates to admit the property rights of bills of lading and warehouse receipts through analyzing the theoretical disputes between their property rights and creditor’s rights. Combined with the issue that delivery of securities has the same potency with delivery of goods, this paper argues the nature of property debt securities of bills of lading and warehouse receipts in a developmental way.</p>2014-09-26T00:00:00+00:00